Divorce

When a couple eventually divorce, they not only ask a judge to equitably (fairly) divide the property and assets but also to equitably divide the marital debt. In “community property states,” though, the debt incurred during the marriage may be equally divided. If one spouse is going to try to make the argument in court that they had nothing to do with the purchases made after the date of separation, it can be important to keep proof of the date of separation. For example, proof of the date that a lease on a new apartment starts or proof of a hotel receipt and a train ticket leaving the area. It may also be helpful to keep receipts for purchases made on a joint credit card or from a joint account after the separation to be able to acccount for what you did purchase. Some good resources to talk to about how to try to shield yourself from your spouse’s credit card debt is the National Foundation for Credit Counseling or GreenPath Financial Wellness. Both of these websites are nonprofit organizations that deal with issues related to debt and credit. (WomensLaw is not affiliated with either one and cannot vouch for their services. We provide them for your information only.) Please note that in general, a person should be wary of ever paying for credit counseling or credit repair since those for-profit services can often be fraudulent. Going with a non-profit credit counseling organization is generally recommended by advocates in the field.

One thing I want to mention is that the moment of “separation” can be different based on the state’s law. In some states, there is no legal separation option, and so spouses are considered separated the day they begin living apart. In other states where there is an option to file a legal separation, that may be the official way to legally separate. This is something you may want to ask a lawyer who specializes in divorce issues in STATE about. A lawyer may also be able to advise you about what steps, if any, you can take to protect yourself from owing your spouse’s debt after separation. You can find contact information for free and paid legal assistance on our Finding a Lawyer page. [HYPERLINK]